Madras High CourtWP(MD)/8621/2021withdrawn dismissed

Subramanian.S v. The State Of Tamil Nadu

2021-12-21Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.8621 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8621 of 2021 Vadivel ... Petitioner Vs.

1. The Deputy Superintendent of Police, Kulithalai,Karur District.

2. The State, Rep. by Inspector of Police, Thogamalai Police Station, Karur District.

... 1st and 2nd Respondents/ Complainants

3. Radha ... 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Court (PCR), Karur District to accept the surrender of the petitioner along with bail application in Cr.No.125 of 2021 on the file of the 2nd respondent Police herein and to dispose the bail application on the same day on merits.

For Petitioner : Mr.V.Karuna For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioner is the 2nd Accused in Crime No.125 of 2021 on the file of Thogamalai Police Station, Karur District. Initially, the case was registered under Sections 294(b), 323, 506 (i) IPC and later on, it was altered into Sections 147, 294(b), 323, 355, 506(i) of IPC r/w. 3(i), (r) (s) and 3(2) (va) of SC/ST Act 2015.

2. The present petition filed by the petitioner is to accept the surrender of the petitioner before the learned Principal District and Sessions Court (PCR), Karur District, in connection with the Crime No. 125 of 2021 on the file of the second Respondent police and to consider the bail application filed by the petitioner on the same day.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8621 of 2021

4. Since the prayer itself is to accept the surrender of the petitioner and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Principal District and Sessions Court (PCR), Karur District, within a period of 15 days, from the date of receipt of a copy of this order; and

2) On such surrender, the Court concerned, may consider the bail application filed by the petitioner on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

5. With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The learned Principal District and Sessions Court PCR), Karur District,

2. The Deputy Superintendent of Police, Kulithalai,Karur District.

3. The State, Rep. by Inspector of Police, Thogamalai Police Station, Karur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.8621 of 2021 01.07.2021 CN(09.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2